• Title/Summary/Keyword: environmental litigation

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A Cost-Benefit Analysis of Industrial Health Promotion Program in Korea (산업보건사업의 경제성 분석)

  • 김진현;양봉민;이석연
    • Journal of Environmental Health Sciences
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    • v.19 no.2
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    • pp.88-99
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    • 1993
  • There has been investments by firms to protect workers' health and to improve their health status. Most of the investments are made on the ground of legal requirement. However many argue that the amount of investments made falls short of the legally required level. One of the reasons why firms are not active in undertaking required investments is that they are not certain whether such investment is economically beneficial to them or not. Using CBA (Cost-Benefit Analysis), this study investigates whether firms' investments on workers' health are economically justifiable or not. All kinds of expected costs and benefits are itemized and calculated, and costs are compared with benefits. The result shows that if firms fully undertake the legally required investments, total expected costs amount to W453.2 billion and expected benefits accruing to reductions from medical care costs, workers compensation costs, litigation costs in case of legal suit, work days lost, and etc. comes up to W2,086.8 billion. In other words, economic benefits from firms' investment on industrial health far outweighs their costs. As the economy grows, the probability of having various occupational disease increases. It is well conceivable from this study outcome that, the higher the probability, the greater the social loss would be, and the greater the benefits from proper investments on workers' health.

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Case Study on Treaty-Based Investor-State Arbitration and Environmental Litigations with Specific Reference to Chevron/Ecuador Litigation (환경 소송과 국제투자중재 - 쉐브론 사건을 중심으로)

  • Kang, Pyoung-Keun
    • Journal of Arbitration Studies
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    • v.25 no.4
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    • pp.3-23
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    • 2015
  • The Chevron saga including Chevron/TexPet v. Ecuador, PCA Case No. 34877(hereinafter referred to as "Chevron I") and Chevron/TexPet v. Ecuador, PCA Case No. 2009-23(hereinafter referred to as "Chevron II") started out of domestic litigations between TexPet and Ecuador in the early 1990s. In Chevron I, the Tribunal decided that Article 2(7) of the U.S.-Ecuador BIT on effective means of provision was breached because of undue delays in the seven legal proceedings TexPet had brought against Ecuador in respect to contractual obligations. In Chevron II, it was contended that through the actions and inactions of the judiciary and the executive, Ecuador breached her several obligations under the BIT. Ecuador objected to the jurisdiction of the Tribunal because TexPet's investment was terminated in 1992, and because Chevron is not a party to the 1995 Settlement Agreement and 1998 Final Release. In its Interim Award on Jurisdiction and Admissibility, the Tribunal applied a prima facie standard to the facts alleged by the Claimants but denied by the Respondent, and decided that questions in respect of the Respondent's jurisdictional objections should be joined to the merits under Article 21(4) of the UNCITRAL Arbitration Rules. In the merits phase of Chevron II, the Tribunal divided the merits of the Parties' dispute into two parts, entitled "Track 1" and "Track 2". In its Partial Award on Track 1, the Tribunal decided that Chevron is a "Releasee" under the 1995 Settlement Agreement. In a decision on "Track 1B", the Tribunal decided that the Lago Agrio complaint cannot be read as pleading "exclusively" or "only" diffuse claims, and that, to this extent, the Claimants' reliance on the 1995 Settlement Agreement as a complete bar to the Lago Agrio complaint must fail, as a matter of Ecuadorian law. The Tribunal maintained the position that the Parties' disputes on both merit and jurisdiction should be reserved for Track 2. It remains to be seen how the Tribunal addresses the Claimants' allegations of multiple denials of justice under international law against the judgments of the Respondent's Courts, together with the Respondent's jurisdictional objections in Track 2 of the arbitration.

Ensuring the Quality of Higher Education in Ukraine

  • Olha, Oseredchuk;Mykola, Mykhailichenko;Nataliia, Rokosovyk;Olha, Komar;Valentyna, Bielikova;Oleh, Plakhotnik;Oleksandr, Kuchai
    • International Journal of Computer Science & Network Security
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    • v.22 no.12
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    • pp.146-152
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    • 2022
  • The National Agency for Quality Assurance in Higher Education plays a crucial role in education in Ukraine, as an independent entity creates and ensures quality standards of higher education, which allow to properly implement the educational policy of the state, develop the economy and society as a whole. The purpose of the article: to reveal the crucial role of the National Agency for Quality Assurance in Higher Education to create quality management of higher education institutions, to show its mechanism as an independent entity that creates and ensures quality standards of higher education. and society as a whole. The mission of the National Agency for Quality Assurance in Higher Education is to become a catalyst for positive changes in higher education and the formation of a culture of its quality. The strategic goals of the National Agency are implemented in three main areas: the quality of educational services, recognition of the quality of scientific results, ensuring the systemic impact of the National Agency. The National Agency for Quality Assurance in Higher Education exercises various powers, which can be divided into: regulatory, analytical, accreditation, control, communication. The effectiveness of the work of the National Agency for Quality Assurance in Higher Education for 2020 has been proved. The results of a survey conducted by 183 higher education institutions of Ukraine conducted by the National Agency for Quality Assurance in Higher Education are shown. Emphasis was placed on the development of "Recommendations of the National Agency for Quality Assurance in Higher Education regarding the introduction of an internal quality assurance system." The international activity and international recognition of the National Agency for Quality Assurance in Higher Education are shown.

Permission of the Claim that Prohibits Military Aircraft Operation Nearby Residential Area - Supreme Court of Japan, Judgement Heisei 27th (Gyo hi) 512, 513, decided on Dec. 8, 2016 - (군사기지 인근주민의 군용기 비행금지 청구의 허용 여부 - 최고재(最高裁) 2016. 12. 8. 선고 평성(平成) 27년(행(行ヒ)) 제512, 513호 판결 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.45-79
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    • 2018
  • An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.

The Importance of Multimedia for Professional Training of Future Specialists

  • Plakhotnik, Oleh;Strazhnikova, Inna;Yehorova, Inha;Semchuk, Svitlana;Tymchenko, Alla;Logvinova, Yaroslava;Kuchai, Oleksandr
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.43-50
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    • 2022
  • For high-quality education of the modern generation of students, forms of organizing the educational process and the latest methods of obtaining knowledge that differ from traditional ones are necessary. The importance of multimedia teaching tools is shown, which are promising and highly effective tools that allow the teacher not only to present an array of information in a larger volume than traditional sources of information, but also to include text, graphs, diagrams, sound, animation, video, etc. in a visually integrated form. Approaches to the classification of multimedia learning tools are revealed. Special features, advantages of multimedia, expediency of use and their disadvantages are highlighted. A comprehensive analysis of the capabilities of multimedia teaching tools gave grounds for identifying the didactic functions that they perform. Several areas of multimedia application are described. Multimedia technologies make it possible to implement several basic methods of pedagogical activity, which are traditionally divided into active and passive principles of student interaction with the computer, which are revealed in the article. Important conditions for the implementation of multimedia technologies in the educational process are indicated. The feasibility of using multimedia in education is illustrated by examples. Of particular importance in education are game forms of learning, in the implementation of which educational elements based on media material play an important role. The influence of the game on the development of attention by means of works of media culture, which are very diverse in form and character, is shown. The importance of the role of multimedia in student education is indicated. In the educational process of multimedia students, a number of educational functions are implemented, which are presented in the article. Recommendations for using multimedia are given.

Ensuring the Quality of Higher Education in Ukraine

  • Olha Oseredchuk;Mykola Mykhailichenko;Nataliia Rokosovyk;Olha Komar;Valentyna Bielikova;Oleh Plakhotnik;Oleksandr Kuchai
    • International Journal of Computer Science & Network Security
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    • v.23 no.11
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    • pp.142-148
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    • 2023
  • The National Agency for Quality Assurance in Higher Education plays a crucial role in education in Ukraine, as an independent entity creates and ensures quality standards of higher education, which allow to properly implement the educational policy of the state, develop the economy and society as a whole.The purpose of the article: to reveal the crucial role of the National Agency for Quality Assurance in Higher Education to create quality management of higher education institutions, to show its mechanism as an independent entity that creates and ensures quality standards of higher education. and society as a whole. The mission of the National Agency for Quality Assurance in Higher Education is to become a catalyst for positive changes in higher education and the formation of a culture of its quality. The strategic goals of the National Agency are implemented in three main areas: the quality of educational services, recognition of the quality of scientific results, ensuring the systemic impact of the National Agency. The National Agency for Quality Assurance in Higher Education exercises various powers, which can be divided into: regulatory, analytical, accreditation, control, communication.The effectiveness of the work of the National Agency for Quality Assurance in Higher Education for 2020 has been proved. The results of a survey conducted by 183 higher education institutions of Ukraine conducted by the National Agency for Quality Assurance in Higher Education are shown. Emphasis was placed on the development of "Recommendations of the National Agency for Quality Assurance in Higher Education regarding the introduction of an internal quality assurance system." The international activity and international recognition of the National Agency for Quality Assurance in Higher Education are shown.

Asbestos Trend in Korea from 1918 to 2027 Using Text Mining Techniques in a Big Data Environment (빅데이터환경에서 텍스트마이닝 기법을 활용한 한국의 석면 트렌드 (1918년~2027년))

  • Yul Roh;Hyeonyi Jeong;Byungno Park;Chaewon Kim;Yumi Kim;Mina Seo;Haengsoo Shin;Hyunwook Kim;Yeji Sung
    • Economic and Environmental Geology
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    • v.56 no.4
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    • pp.457-473
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    • 2023
  • Asbestos has been produced, imported and used in various industries in Korea over the past decades. Since asbestos causes fatal diseases such as malignant mesothelioma and lung cancer, the use of asbestos has been generally banned in Korea since 2009. However, there are still many asbestos-containing materials around us, and safe management is urgently needed. This study aims to examine asbestos-related trend changes using major asbestos-related keywords based on the asbestos trend analysis using big data for the past 32 years (1991 to 2022) in Korea. In addition, we reviewed both domestic trends related to the production, import, and use of asbestos before 1990 and asbestos-related policies from 2023 to 2027. From 1991 to 2000, main keywords related to asbestos were research, workers, carcinogens, and the environment because the carcinogenicity of asbestos was highlighted due to domestic production, import, and use of asbestos. From 2001 to 2010, the main keywords related to asbestos were lung cancer, litigation, carcinogens, exposure, and companies because lawsuits were initiated in the US and Japan in relation to carcinogenicity due to asbestos. From 2011 to 2020, the high ranking keywords related to asbestos were carcinogen, baseball field, school, slate, building, and abandoned asbestos mine due to the seriousness of the asbestos problem in Korea. From 2021 to present (2023), the main search keywords related to asbestos such as school, slate (asbestos cement), buildings, landscape stone, environmental impact assessment, apartment, and cement appeared.

Accession of Korea to the Nagoya Protocol and its Economic Impact Analysis on Korean Bioindustry Companies (우리나라의 나고야의정서의 가입이 바이오산업에 미치는 경제적 영향 분석)

  • Park, Yong-Ha;Kim, Joon Sun;Choi, Hyun-Ah
    • Journal of Environmental Policy
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    • v.11 no.4
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    • pp.39-57
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    • 2012
  • Analysis of the economic impact on Korean bioindustry companies was approached after Korea access to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (hereinafter 'the Protocol') enters into force. Cost analysis of the economic impact is based on the size of bioindustry market, dependency ratio on genetic resources abroad, ABS (Access and Benefit Sharing) ratio for royalty ratio. Korean bioindustry companies would have had to pay extra ABS cost around 1.3-6.0 billion won for using genetic resources abroad, if the Protocol had entered into force in 2009. And this cost is estimated to be around 13.6 - 63.9 billion won in 2015. All ABS costs account only about less than 0.01% of total Korean bioindustry volume of target years. These show us that joining the Protocol will not significantly impact the bioindustry market in Korea. If the Protocol enters into force, genetic resources users have to pay PIC (Prior Informed Consent) and MAT (Mutually Agreed Terms) cost before accessing the genetic resources outside of their country, regardless of the accession status of the country. This ABS costs and terms on provided genetic resources will be determined by compliance between genetic resources users and providers. As a genetic resources provider, Korean bioindustry companies will have advantage over technology transfer agreements, royalties, licensing agreements, and taxes on profits from patents including traditional knowledge. Also, Korean bioindustry companies are expected to get various socio-economic benefits such as patent litigation and regulatory proceedings as a genetic resources provider. Considering the advantages and disadvantages of the Protocol that Korean bioindustry companies will face together, the socio-economic impact of the Nagoya Protocol on Korean bioindustry companies is negligible regardless of the accession status of Korea to the Nagoya Protocol.

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